Terms & Conditions

01. Introduction

This website (the "Website") is owned, operated and distributed by Bespecd Australia and its affiliates ("Bespecd" or "we" or "us" or "our"). The use of this website is subject to the following terms and conditions ("Terms and Conditions"). Please read these Terms and Conditions carefully. By using this Website, you agree to these Terms and Conditions, the Privacy Policy, as well as any other terms, guidelines, policies or rules that apply to any portion of this Website, without limitation or qualification. Please read the Terms and Conditions carefully. If you do not agree to these Terms and Conditions, you should not use this Website and you must leave this Website immediately and discontinue use of any information or products from the Website. The Terms and Conditions of this Website apply to all users, including those who are just visiting the Website and those who are purchasing goods through the Website.

If you have any questions or comments about the Terms and Conditions, please contact us at help@Bespecd.com.au.

02. Product information and supply

The images and descriptions for our products are provided as accurately as possible on our Website, however we do not warrant that such images and descriptions are accurate. The images and descriptions have been provided solely for informational purposes. Since photos often differ from the actual products, we do not guarantee that any image shows the true colour or portrays the full design or characteristics for that product. You acknowledge and accept that there may be some variations to the description or specification of the products.

We will make reasonable efforts to maintain availability of our products, however we cannot guarantee the availability of our products. Where a product is not available, we will inform you and you will have the option to receive a replacement product or cancel your order.

03. Your order

We reserve the right as to use our absolute discretion to decide whether or not to accept your order.

Our products are intended for adults aged 18 years and above. By ordering our products, you acknowledge that you are aged 18 years and above and that you are not ordering on another person's behalf.

Our prices are in Australian Dollars and are inclusive of GST.

Nothing in the Website constitutes or shall be deemed an offer or promise by us to supply to you our products. Rather, by placing an order, you make an offer to purchase from us, based on these Terms and Conditions.

When you place an order from us, we require that you, through our Website or other method of communication, to provide your name, delivery address, email address, telephone contact, glasses prescription and payment information (such as credit card details and address). We will use this information to verify that we are able to fulfill such order and to run our standard procedures to prevent fraud or other misuse. Upon verifying this information to our satisfaction, we will accept your offer to purchase.

If we are unable to accept your offer, we will endeavor to notify you promptly.

We reserve the right to, in our sole discretion, reject or cancel orders, refuse service or terminate accounts.

04. Payment

If you place an order with us, you agree to promptly pay the fees associated with the products you order.

05. Prescription

You warrant that you are in possession of a valid prescription from a registered optometrist, ophthamologist or medical professional that is less than 2 years old in order to fulfill an order for prescription glasses. You warrant that your prescription must be used in accordance with the guidance of your eye care specialist and that the contents of your prescription are valid and correctly provided to us. You also warrant that your pupillary distance is correct and has been correctly provided to us.

If considered necessary, you consent to allow us to contact you or your registered optometrist, ophthamologist or medical professional about your prescription. You also consent to providing your original written prescription if requested.

We will rely on the prescription information provided by you. We are not responsible for any noncompliance with the warranties above and are not liable for incorrect prescriptions or information provided by third party eye care specialists.

When you receive your purchase, before using your prescription eyewear, you should first inspect the product and try it on. If you cannot see clearly or experience any problems or discomfort, you should stop using the product immediately and consult with an optometrist, opthalmologist or medical professional.

06. Delivery

Delivery of our products may take around 2 to 3 weeks from the date that your payment is received. This estimated delivery time may vary depending on our supply of the products or factors that are out of our control. We will make every effort to deliver your order in this time period, but we do not guarantee that your order will be delivered in the time period. If you have not received your order within 3 weeks, please contact us.

In order to deliver your order, we require that you provide to us your address when you place your order. Unless otherwise agreed to by us, your order will be delivered to this address. We will not be liable for your order if you provide to us the wrong information or address. We will also not be liable for any orders that may be lost or damaged through any fault of yours, including not being available to accept your order or not picking up your order from the post office. All risk of loss and title of the products will pass to you on delivery.

07. Returns Policy

Please review our returns policy here. This returns policy forms part of the Terms and Conditions. We reserve the right to revise our returns policy, effective immediately, without any warning or notice and reserve the right to reject any returns for any reason whatsoever, including abuse of the policy, malicious intent or non-compliance with our policies, including the Terms and Conditions.

08. Intellectual Property

The trade marks, names, logos and service marks (collectively "trademarks") displayed on this Website are registered and unregistered trademarks of Bespecd or other respective owners of such trademarks. Nothing contained on this Website should be construed as granting any licence or right to use any trade mark without our prior written permission.

The images posted on this Website are either the property of Bespecd or are used by us with express permission. Unless otherwise noted, all content included on this Website is our property and is protected by Australian and international copyright laws. Any unauthorized use of any content or materials from this Website is strictly prohibited without our prior written permission.

09. External Links

External links may be provided for your convenience, but they are beyond the control of us and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use.

All links to this Website must be approved in writing by Bespecd prior to the creation of the link, except that Bespecd consents to links in which: (i) the link "points" the user directly to the home page only and not to pages accessible from the home page (ii) the link, when activated by a user, displays this page full-screen in a fully operable and navigable browser window and not within a "frame" on a linked site and (iii) the appearance, position, and other aspects of the link do not create the false appearance that an entity or its activities or products are associated with or sponsored by Bespecd no damage or dilute the goodwill associated with the name and trademarks of Bespecd or its affiliates. Any such linking will be entirely your responsibility and at your expense. Bespecd reserves the right to revoke this consent to link at any time at its sole discretion.

10. Communications, Public Forums and User Submissions

We are not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the Website.) Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by us.

Bespecd reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole discretion, that you are or there is the likelihood that you may, including but not limited to:

10.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;

By submitting any materials of any kind to us, you are agreeing that we have the right to publish any such material for any type of use without any compensation to you and you are forever assigning all rights to such materials to us.In addition, by submitting your contact information to us, you are agreeing that we have the right to send to you emails or other communications containing administrative or marketing information.

11. Specific Use

You agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify us against any loss, liability, damage or expense of whatever nature which we or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.

You agree not to hack this Website, including without limitation, phishing, guessing login and password information, accessing user data or attempting to access portions of the Website that are not made available to the public.

12. Warranties

We make no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the Website, the information contained on the Website, your or your company's personal information or material and information transmitted over our system.

13. Information on the Website

Whilst every effort is made to update the information contained on this Website, neither we nor any third party or data or content provider make any representations or warranties as to the sequence, accuracy, completeness or reliability of the information, data and/or content contained on the Website and shall not be bound in any manner by any information contained on the website. We reserve the right at any time to change or discontinue without notice, any aspect or feature of this website. No information on this Website shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk.

Where we become aware of any errors on the Website, we reserve the right to correct such errors or omissions. If you find an error or omission at this site, please let us know at help@Bespecd.com.au.

14. Use of the Website

We do not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than Australia). By accessing the website, you warrant and represent to us that you are legally entitled to do so and to make use of information made available via the website.

15. Disclaimer of Liability

We will not be responsible for and disclaim all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the Website, your or your company's personal information or material and information transmitted over our system.

IN PARTICULAR, NEITHER WE NOR ANY THIRD PARTY OR DATA OR CONTENT PROVIDER SHALL BE LIABLE IN ANY WAY TO YOU OR TO ANY OTHER PERSON, FIRM OR CORPORATION WHATSOEVER FOR ANY LOSS, LIABILITY, DAMAGE (WHETHER DIRECT OR CONSEQUENTIAL), PERSONAL INJURY OR EXPENSE OF ANY NATURE WHATSOEVER ARISING FROM ANY DELAYS, INACCURACIES, ERRORS IN, OR OMISSION OF ANY INFORMATION OR THE TRANSMISSION THEREOF, OR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON OR OCCASIONED THEREBY OR BY REASON OF NON-PERFORMANCE OR INTERRUPTION, OR TERMINATION THEREOF, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE AS A RESULT OF NEGLIGENCE.

Unless specified otherwise, the sale of our products to you by us does not constitute giving of any advice of any nature, whether professional, medical or otherwise.

We will not be responsible for any damages, consequential losses (whether direct or indirect) that may be suffered where a credit card is fraudulently used or is used in an unauthorised manner.

You agree to fully indemnify Bespecd and its related parties against any and all third party claims, demands, liabilities, costs or expenses arising from any breach by you of these terms and conditions.

16. Force Majeure

We will not be liable for any delay in performing any of our obligations under these Terms and Conditions if the delay is caused by a Force Majeure event. "Force Majeure" means any act, circumstance or omission over which we could not reasonably control. In the instance of a Force Majeure event, we will be entitled to a reasonable extension of time to perform any obligations.

17. Termination

Notwithstanding any of these Terms and Conditions, we reserve the right, without notice or liability, to terminate your license to use the Website, and to block or prevent future access to and use of the Website for any or no reason. Upon termination, these Terms and Conditions will still apply.

18. General

18.1 Assignment

You will not assign any of the rights and obligations under these Terms and Conditions, whether in whole or in part, without our prior written consent.

18.2 Conflict.

Where any conflict or contradiction appears between the provisions of these Terms and Conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the Website shall prevail in respect of your use of the relevant section or module of the Website.

18.3 Waiver.

No indulgence or extension of time which either you or us may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

18.4 Cession.

We will be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.

18.5 Severability.

All provisions of these Terms and Conditions, as well as any terms, guidelines, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

18.6 Applicable laws.

Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Queensland, Australia without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of Queensland, Australia in respect of any disputes arising in connection with the Website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.

19. Changes to our Terms and Conditions

We may at any time modify these Terms and Conditions, as well as any relevant terms, guidelines, policies and notices and will update these Terms and Conditions on the Website. Your continued use of the Website at any time following the modifications constitutes your acceptance of new Terms and Conditions. We therefore recommend that each time you visit our Website you read these Terms and Conditions.

No employee or agent of ours is authorised to vary these Terms and Conditions.

20. Comments or Questions.

If you have any questions, comments or concerns arising from the Website, the Privacy Policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please at help@Bespecd.com.au.

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